Mandyisere

As far as i know, if the father still has contact with the children, no matter how irregular you will need his permission as he shows an "interest" in their welfare.
I went through the courts and just shown my offer of employment in Oz, they never asked about finances or schooling.
My kids dad has had no contact for 8 years so he wasn't there to object.
Hope thats helpful
Mandy

Sazzle

Thanks, yes,

So if the kids dad didn't object, did you still have to go through the courts for permission?

Sazzle

yeh, oops, sorry, didn't read properly.

Did your children have to visit OZ first?

Gra.B

We'll be in a similar postion going to NZ. I noticed you mentioned this in another post, they don't have to visit first or anything like that. If they're father gives consent then I don't think you have to go through the courts, I've read about this somewhere but can't remember where! You shouldn't have any problems though...

Gra..

cresta57

Hi

Regardless of whether the father has had contact, paid maintainence etc. if he is named on the birth certificate then his permission needs to be sought (affidavit witnessed by a solicitor). If however you do not know of his whereabouts then you must apply to the court for permission to remove the child.

Hope this helps clear things up.

Debbie

Alun

I'm going tho the same thing at the mo,2 daughters 8 & 4 bio father left me when i was pregnant with the youngest. i haven't seen him for four years but have recently tried to contact him tho his mum, dad, sis and even placed an ad in the news paper.
i got a nasty letter back from his mum and heard nothing else from the family.i tried to get a letter forwarded to him via the benefits agency they couldn't do this cos data protection, and i got a letter off the csa stating they were looking for him in order to pay matenance.my last try was to phone his work only to find out he'd left so then i asked a friend to go to his last known address.
My solicitor said all this searching was enough and there was nothing else i could do so i'm going to court and hopefully with all this evidence of searching for him i will be ok to take the girls out of the country.
hope some of this helps any of you going tho the same thing

Judy

The solicitor is costing me about £400

Mandyisere

£400 and all that hassle as well. I will hold my hands up and admit that i did nothing to try and contact the father or his family. There is a court order against him for maintenance and everytime they have found him he moved on.
It may be legally or morally wrong but as far as i'm concerned he hasn't bothered with them in 8 years so he doesn't need to think he can start now.
When i went to court i just told them that i didn't know where he or his family was and that the courts couldn't find him for maintenance and that was that.
On to a better life in Melbourne!!!
Mandy

Alun

i just don't want some judge saying that i didn't try to find him and spouting on about the rights of the father,and all that b****ks.
It makes me made that a so called father can just walk away with school girl in toe, not bother to pay for their children and still get to ruin your dreams.
I'm quite willing to put in as much effort as i can for the best interest of my daughters.
I knew i should have killed him when i was being cheated on, i'm sure i could have got away with diminished responsability!after all my hormones were all over the place with being pregnant and all.
Judy
only joking about the murder(just incase anyone finds him in the gutter)

tinaj

The main reason that they ask for permission from the partner not travelling is to stop abductions. After all how do they know if the kids see their Dads or not?

I know exactly as you feel when I found out that I would need to get permission to go from my Son's Father I was livid. He still sees him, but he has been on the dole for 8 years ( to avoid mantenance and get free court bills of course).

I consulted a solicitor first for a 1 hour consultation, but be aware they don't often deal with cases like this so may not know a lot!! She said I could go to court and them told me the long saga her clients had gone through to provide evidence etc of where they would live etc. I went home and thought we would never get to go. She said ask him first. We have been to court 4 times in 6 years which has cost me thousands. I thought I had no chance.

I was dreading asking him, but to cut a story short he agreed to give permission. I offered to pay for him to come out and see his son. Which is a small price to pay for us all to get out there.( I am now married with 2 more children) Why should he stop our whole family going??

I drew up an affadavit, if anyone wants a copy of the formal format pm me. My solicitor told me what to write.
We met at the solicitors and he signed it. I got 2 originals and a certified copy.

If he wont agree you must apply to the local family court which costs around £90. You can represent yourself and you shouldn't have any problems if the Father has been absent for a long time.

Bear in mind even though the age of consent is 16 here, you will still have to provide permission to Adelaide if your child is under 18. There age is different I am afraid.

After all this saga Adelaide accepted the affadavit and didn't even question or ask for any further evidence. We were granted our visas a few weeks ago.


One downside if you do get maintenance, you wont if you leave the country!! Unless they are agreeable to still paying you. If you take the children out of the country they are not liable to pay for them.

Don't give up and let them stop you going, it will all work out in the end. And you probably deserve more than most to get out there!!

Any advice needed pm me.


Tina

stejo

we are in the same situation, my wife has a son(11) to a previous boyfriend who has regular contact on a friday,and pays maintenance(not a lot i might ad) So we went to see a solicitor for the free 1hr initial interview to find out the cost's and the process,of getting a court order for us to take her son out of the country, we are both married and also have a girl 7 together,the solicitor informed us the easy way is the afadavit,and the hard way is through the courts,he said the cost's involved in taking the father to court including all the welfare costs that we would inccur would realisticaly be in the region of £2000-£4000 and would possibly be 3-4months b 4 the case got to court as the welfare are a little slow and what ever my wife's son(11) says to the welfare people could have a great inpact on the overall desicion in court and we would not no what he says to them until it get's to court, and her son is very much an attention seeker and is not keen on the idea of emmergrating as his dads grandparents are buying him(if u no what i mean, 11year old tells grandparents to jump they say how high)and he loves that.
so in our eyes we want to emmergrate to NZ as a family,but 11 year old holds trump cards in court and has his and our futures in his hand.
so we phoned up his father and met him and told him our plans and he agreed to every thing we said and told us he would sleep on it and be intouch that was 4 weeks ago we phoned him up and he said he would ring in the week to meet up but that week went by and every time the grandparents have dropped my wifes son off so i think he is deliberatly avoiding us and the answer to a afadavit is a no go! so it looks like it's a long haul in the court's and an expensive one with a 50/50 chance !!!!
ste, jo, ryan, tyler:scared:

Mandyisere

Hi Ste, I see we are around the same neck of the woods so perhaps we could arrange for somebody to do a "kneecap" job on these pain in the whatever ex's
Failing that and slightly more legal have you considered of buying the father off? I don't know he might not be that sort of fella but he won't have to pay maintenance and a couple of grand in his pocket might sway him!!
Mandy

stejo

we see our main problem is the grand parents, one of them, over my dead body is that child leaving this country!and they have the money to plough in to there son at court.

tinaj

Keep niggling at him. He might just agree. After all he probably doesn't know what the chances of you getting the court order are. You can either do it amicably and draw up some sort of agreement, maybe offer to pay for flights??

Or you tell him you will go to court and when he loses who is to say he will see the childs again. There isn't an international court order so once you get permission to go, there will be no-one making you give him him access.

Would you want animosity when your child is 10 000 miles away?
This is what swayed my ex he either agreed and we struck a deal on visitation and flights or
we went to court chances are I would win and he would risk not seeing his son at all.

You don't have to do it in a nasty way, just spell out what would be easiest. I would suggest arranging a face to face meeting, the phone isn't really a good place to talk.


Best of luck

Sazzle

After approaching the children's father for permission and him refusing to give his consent, it looks as though we will have to go to court after all. He has made it clear, via his solicitor, that he will make this difficult for us. This whole situation is very worrying and I am concerned as to how this will all turn out. He is applying for a directed contact order although I have never refused access, he is asking for what we have already agreed! However, he has never stuck to this and only sees them every 2 -3 months as it suits him.

Anyway, back to the point, what do we need to have to convince the court to give us permission to move to NZ with my daughters? My solicitor has said that we need evidence of the house we will live in, the job my partner (nz citizen) will have i.e. a job offer and evidence of places at schools for the children. This would all be imposssible to arrange in the space of a 2 week holiday there, how could we pay rent on a place there and the mortgage here? How could we arrange a job and schools when we are resident here?

My de facto partner is an NZ citizen and through the sale of the house we will be taking around $600,000 with us. Surely the above mentioned criteria cannot be the only ones? We could afford to buy 4 houses, rent out three and live on the proceeds, find work and be quite financially secure.

Any ideas? help!...

dolly1

Hi I looked up schools on the Internet & e mailed one asking they could take my son aged 6 they agreed that they could by email.
I am in a simular position & my solicitor has asked me to write a statement with all the reasons why I want to go to OZ .This will be presented to the judge
So maybe that will help you, Keep smiling. DOLLYx